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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ERIC ROTHCHILD, 15-004982PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-004982PL Visitors: 7
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ERIC ROTHCHILD
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Kissimmee, Florida
Filed: Sep. 04, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 21, 2015.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO, 123-2134 ERIC MICHAEL ROTHCHILD, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this. Administrative Complaint against ERIC MICHAEL ROTHCHILD. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6A-10.081, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 1012.795(1} and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator's Certificate 760882, covering the areas of Middle Grades Integrated Curriculum, Physical Education, Reading and Exceptional Student Education, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Horizon Middle School in the Osceola County School District. MATERIAL ALLEGATIONS 3. On or about January 10, 2013, Respondent violated test security standards prior to administering a required post test to measure student growth which would significantly impact Respondent’s Individual Professional Development Plan (IPDP), the evaluation vehicle that influences Respondent’s pay and advancement. In violation of test rules, Respondent, was present and had knowledge when a fellow teacher provided to students in his Physical Education class test answers on the day preceding the test. Respondent took no steps to correct or report ERIC MICHAEL ROTHCHILD Administrative Complaint Page 2 of 3 the situation when the fellow teacher provided letter answers to correspond with each number on the multiple choice test and Respondent handed out test packets to the students. 4, On or about January 15, 2013, Respondent’s students’ test scores were invalidated by the District. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces effectiveness as an employee of the school board. COUNT 2: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIGLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(a}, Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. (SIGNATURE ON FOLLOWING PAGE) ERIC MICHAEL ROTHCHILD Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to. and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent's educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent's authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; determining the Respondent to be ineligible for certification; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this day of February , 2015. Keg PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-004982PL
Issue Date Proceedings
Oct. 21, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 21, 2015 Unopposed Motion to Close File filed.
Oct. 20, 2015 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 4, 2015; 9:00 a.m.; Kissimmee, FL).
Oct. 16, 2015 Unopposed Motion to Continue Final Hearing filed.
Oct. 16, 2015 (Respondent's) Amended Unopposed Motion to Continue Final Hearing filed.
Sep. 25, 2015 Amended Notice of Hearing (hearing set for October 27, 2015; 9:00 a.m.; Kissimmee, FL; amended as to Date and Location).
Sep. 25, 2015 Order Granting Change in Location of Hearing.
Sep. 22, 2015 Notice of Taking Depositions filed.
Sep. 22, 2015 Petitioner's Unopposed Motion to Change Location of Final Hearing filed.
Sep. 16, 2015 Order of Pre-hearing Instructions.
Sep. 16, 2015 Notice of Hearing by Video Teleconference (hearing set for November 6, 2015; 9:30 a.m.; St. Petersburg and Tallahassee, FL).
Sep. 15, 2015 Certificate of Service of Discovery filed.
Sep. 10, 2015 Petitioner's Response to Initial Order filed.
Sep. 08, 2015 Initial Order.
Sep. 04, 2015 Motion for Formal Hearing filed.
Sep. 04, 2015 Amended Election of Rights filed.
Sep. 04, 2015 Agency referral filed.
Sep. 04, 2015 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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